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HomeMy WebLinkAbout2011-19 EHU Deed Restriction Exchange Program F ORDINANCE NO. 19 Series of 2011 is AN ORDINANCE REPEALING AND REENACTING SPECIAL DEVELOPMENT DISTRICT NO. 29, THE VALLEY PHASE II, PURSUANT TO SECTION 12- 9A -10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE EXCHANGE OF THE ON -SITE EMPLOYEE HOUSING UNIT (EHU) REQUIREMENT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 12 -13 -5, EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE PROGRAM, VAIL TOWN CODE; LOCATED AT 1460 BUFFEHR CREEK ROAD, UNIT G/ LOT G, CROSSVIEW AT VAIL, PHASE 3, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, amendments to a Special Development District are permitted pursuant to f parameters set forth for such in Section 12 -9A -10 of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on September 26, 2011 to consider the proposed amendment in accordance with the provisions of the Town Code of the Town of Vail and forwarded a recommendation of approval with conditions to the Town Council of the Town of Vail based on the criteria and findings presented in the staff memorandum; and #' WHEREAS, Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, was established in order to provide an option for employee housing deed restrictions to be removed in exchange for a new deed restriction and /or payment to the Town of Vail; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 29, complies with the review criteria outlined in Section 12 -9A -8 of the Vail Town Code and that the applicant has demonstrated that any adverse effects of the h` i° requested deviations from the development standards of the underlying zoning are outweighed y by the public benefits provided; and WHEREAS, the approval of the major amendment to Special Development District No. w 29, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and s- WHEREAS, all notices as required by the Vail Town Code have been sent to the i appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt the proposed amendments to Special Development District No. 29, which removes the on -site employee housing requirement, thus allowing the applicant to Ordinance No. 19, Series 2011, second reading 1 a'; t f exchange the deed restriction in accordance with Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Y Special Development District No. 29, as established by Ordinance No. 17, Series of 1993, and amended by Ordinance No. 6, Series of 1997, is hereby repealed and reenacted as follows: Section 1. Amendment Procedures Fulfilled, Planning Commission Report The Town Council finds that all procedures set forth in Article 12 -9A (Special Development Districts) of the Vail Municipal Code have been fulfilled, and the Town Council has received the recommendation of approval from the Planning & Environmental Commission for the major amendment to Special Development District No. 29. Section 2. Purposes Special Development District No. 29 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and there are significant aspects of the special development Y. f which cannot be satisfied through the imposition of the standards of the Residential Cluster r zone district. k' Section 3. Special Development District No. 29 Established Special Development District No. 29 (SDD No. 29) is established for the development on two } parcels of land. Tract A (upper development area) consists of .880 acres and Tract B -2 (lower development area) consists of 2.418 acres. Section 4. Development Plan A. The development plan for SDD No. 29 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted by Parkwood Realty and consists of the following documents: 1. Final plat of The Valley, Phase II, a resubdivision of Tracts A and B, a part of } parcel A, Lion's Ridge Subdivision Filing No. 2, completed by Intermountain z: Engineering, Limited dated July 8, 1993. Ordinance No. 19, Series 2011, second reading 2 I 4 y 3 s z 2. Structural engineering drawings by Ray T. Davis dated July 7, 1993. 3. Soils report for Tracts A -1 and A -2 by Koechlein Consulting Engineers dated June 21, 1993.' 4. Site plan of the lower development area (Tract B -2) by Randy Hodges dated April f 24, 1993, (Sheet number 1.) 4 5. Site plan for the upper development area (Tract A) by Randy Hodges dated November 6, 1991, (Sheet number 4.) 6. Detailed analysis of the retaining walls, driveway, prototypical building sections r and regrading for the upper development area (Tract A) by Randy Hodges dated July 12, 1992, (Two sheets, unnumbered.) 7. Hazard analysis letters by Nicholas Lampiris, PhD, dated September 18, 1992 (two letters) and January 22, 1993. 8. A landscape plan by Randy Hodges dated April 23, 1993, (Sheet number 2.) 9. A drainage plan by Range West, Inc. dated January 28, 1993. 10. Elevations of the seven single family homes to be constructed in the lower development area (Tract 8 -2), (Sheet numbers 7, 9, 11, 13, 15, 17.) These s` sheets correspond to homes A,B,C,D,E, and F. . 11. Floor plans and elevations of residence G, by Randy Hodges dated September 1: 1, 1993 sheet numbers 1, G2, G2a, and G3. This home is to be constructed in the lower development area (Tract B -2), and shall include a Type III employee housing unit, having 433 square feet. Prior to issuance of a building permit for Residence G, the applicant shall sign a deed restriction on a form provided by the Community Development Department which shall conform to all requirements for a Type III employee housing unit. This employee housing unit may be relocated off -site in accordance with Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. 12. Other general submittal documents that define the development standards of the x Special Development District. f 13. Topographic survey, dated 1/27/97 identifying the proposed building envelope for g Tract A. k B. The development plan shall adhere to the following: 1. Acreage The site is made up of two parcels: Tract A and 8 -2, The Valley, f Ordinance No. 19, Series 2011, second reading 3 r fi Phase II. Site A is made up of . 860 acres and site B -2 is made up of 2.418 acres. 2. Permitted Uses: a. Tract A 1. Single Family residential dwellings 2. Two Family residential dwellings 3. Primary/Secondary residential dwellings 4. Open Space 5. Public and private roads i b. Tract B -2 1. Single Family residential dwellings 2. Open Space 3. Public and private roads G _ 3. Conditional Uses: 3 a. Public utility and public service uses b. Bed and Breakfasts as further regulated by Section 12 -14 -18 ` r c. Type II EHU, located on Tract A 4. Accessory Uses: a. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single - family residential uses. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12- 14 -12; r c. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof; 5. Setbacks: The setbacks shall be those shown on the site plans for Tract A and Tract 8 -2, or as provided for with the building envelopes. 6. Density: Approval of this development plan shall permit nine (9) Single Family' dwelling units, two (2) units located on Tract A and seven (7) dwelling units located on Tract B -2. 7. Building Height Building height shall be 33 feet for a sloping roof. 8. Parking: Parking shall comply with the requirements of Section 18.52 (Off - Street Parking and Loading). Each unit shall have a minimum of two enclosed s Ordinance No. 19, Series 2011, second reading 4 t: s i f f T parking spaces. s 9. GRFA GRFA for Tracts A and B -2 shall conform to paragraph 11(E) of this ordinance. 10. Landscaping The area of the site to be landscaped shall be as indicated on the S landscape plan. A detailed landscape plan shall be submitted to the Design Review Board for their approval. The Design Review Board approved final landscape plan shall provide at least the minimum number of trees and shrubs shown on the plan prepared by Randy Hodges dated April 23, 1993 reviewed F by the Planning and Environmental Commission on July 12, 1993. 11. Design Requirements At time of DRS submittal, the applicant shall submit drawings that meet the following requirements: F a. The buildings on Tract A shall be "benched -in" into the hillside and stepped with the natural contours of the site. Site excavation should be no more than necessary to accommodate the proposed development. Extensive site grading to create a flat building site shall not be permitted. In order to ensure compliance with the above, finished grades on the north, east and west elevations of buildings shall not deviate more than 4 feet from existing grade d at any point. b. The Buildings on Tract A shall be designed with the internal hazard mitigation Q recommended by Mr. Nick Lampiris in his hazard analysis dated September 18, 1992 (two letters) and January 22, 1993. c. The Buildings on Tract A shall be designed with a turn - around using the apron in front of the garage. The garage and apron may be located at any point along the southern edge of the envelope. The Fire Department shall` require that 35 feet be provided between the front of the garage door and the u far edge of pavement of the driveway. There shall be a minimum height of 12.5 feet of clearance in the turnaround area to allow for fire truck maneuvering. d. The sod areas shall align with the existing sod areas of Grouse Glen located to the west of Tract B -2 and the sod type shall match Grouse Glen. e. The GRFA of the proposal shall comply with the following chart: The GRFA allocated for each residence in the lower development area (TractB -2) and in the upper development area (Tract A) may be modified up to 50 square feet Ordinance No. 19, Series 2011, second reading C t E E t: per unit as long as the total GRFA for each tract does not exceed the maximum of 15,111 square feet for the lower development area (Tract B -2) and 6597 for the upper development area (Tract A). Lot GRFA G Lower development area (Tract B -2): A 2082 B 2115 k' C 2051 =` D 2100 G ; E 1937 i' F 2409 G 2417* TOTAL 15,111 f' Upper development area (Tract A): i Tract A -1 3784 Tract A -2 2813 E Tract A TOTAL 6597 *Includes EHU square footage that may be absorbed into Residence G. i f. Prior to excavation of either building site on Tract A, the applicant shall either document that all excavation will occur on -site or shall provide letters from adjacent property owners allowing the excavation to encroach. g. Prior to June 1, 1997, the existing viewing deck on Tract A must be removed. h. The existing driveway cut for Tract A shall be shown on the final plat as the only permitted access to the site. 12. Recreation Amenities Tax The recreation amenities tax is $.30 per square foot. 13. Drainage Plan Prior to issuance of any building permits within this SDD, the applicant shall provide a drainage plan which meets the standards of the Town Engineer. g: Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this Ordinance No. 19, Series 2011, second reading 6 i p #" t I S Y $1 ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. w, Section 6. The amendment of any provision of the Town Code as provided in this ordinance 1- shall not affect any right which has accrued, any duty imposed, any violation that occurred prior r to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded i unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4 day of October, 2011 and a public F: hearing for second reading of the Ordinance set for the 18 day of October, 2011 in the Council` Chambers of the Vail Municipal Building, Vail, Colorado. a s , M. ©F • V,9 .• � i and D. Clevelan , Mayor Attest: SEAL o onaldson, Town Clerk l ft: t: INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING r AND ORDERED PUBLISHED IN FULL this 18 day of October, 2011. X, G' G Richard D. Clevelaild, Mayor Attest: Ordinance No. 19, Series 2011, second reading 7; f + L r s ; a elei onaldson, Town Clerk one -,oA x' E 3 F i S { 6 pp 4 i 3 6 g k ¢¢ t' t 2 i C f Ordinance No. 19, Series 2011, second reading 8 z